Canadian Lawyer InHouse

Labour&Employment By Kevin MacNeill and Samantha Seabrook Dean Panel continued: New mandatory health and safety training in Ontario New regulation comes into force July 1. S Kevin MacNeill is a partner and Samantha Seabrook an associate with Heenan Blaikie LLP in Toronto. ince the Dean Panel report's release in 2010, the Ontario government has charged steadily ahead with implementing its 46 recommendations. The latest recommendation to be implemented is mandatory health and safety awareness training for all Ontario workers and supervisors. The aim of Ontario Regulation 297/13 is to reduce workplace accidents by training workers and supervisors of their respective rights and responsibilities under the Ontario Occupational Health and Safety Act. To meet the regulation's requirements, health and safety awareness training must cover a number of mandatory topics. For workers, those topics include: • he duties and rights of workers under the OHSA; T • he duties of employers and supervisors under T the OHSA; • he roles of health and safety representatives and T joint health and safety committees under the OHSA; • he roles of the Ministry of Labour, Workplace T Safety and Insurance Board, and designated entities (e.g. safe work associations, medical clinics, or training centres) with respect to workplace health and safety; • dentifying and responding to common workplace I hazards; • he requirements under the WHMIS regulation; and T • ccupational illness, including the notion of latency. O The awareness training requirements for supervisors largely mirror those for workers, with the addition of the following topics: • ow to recognize, assess, and control workplace H hazards; • ow to evaluate controls on workplace safety; and H • ources of information on occupational health and S safety. While the regulation does not define a "common workplace hazard," the MOL has published a guide to the regulation on its web site, which identifies the following as common workplace hazards: • lipping, tripping, and falling; S • orking near motorized vehicles; W • sing or working near machinery; U • orkplace violence; and W • epeating the same movements over and over, espeR cially if in an awkward position or using a lot of force. While the regulation mandates training on common workplace hazards, this training should not be viewed as replacing site-, or job-, specific health and safety training. Site- or job-specific training should be provided pursuant to an employer's existing obligation to provide information and instruction to workers. The regulation does not specify the style or manner of training, so employers are free to provide training in a format that suits their workforce, as long as it meets the prescribed content. Employers are encouraged to retain copies of all training materials. This is crucial if an employer has to prove specific information and instruction was provided to a worker or supervisor. The regulation will come into force July 1. In addition, the regulation requires employers to provide awareness training to workers "as soon as practicable." The regulation does not provide guidance on this phrase; however, the likely expectation is training will be provided to workers soon after beginning work with the employer. Supervisors must receive training within one week of performing work as a supervisor. Employers must also provide or obtain written proof a worker or supervisor has completed health and safety awareness training that complies with the regulation. Employers must keep a record of exemptions and awareness training completed by workers and supervisors. The regulation does not require an employer to provide awareness training to a worker if: 1. he worker has provided the employer with proof of T completion of a previous basic occupational health and safety awareness training program; and 2. he employer has verified the previous training T program met the requirements of the regulation. Supervisors are exempt from the training requirements in much the same manner. The upshot is, while the regulation will recognize previous awareness training, employers will have to take reasonable steps to assure themselves such previous training met the prescribed requirements. Employers must create or obtain training that meets the prescribed content, keep records of workers and supervisors who have completed training or are exempt, ensure any previous training meets the regulation's content requirements, and provide written proof of training received by its workers or supervisors if requested. IH canadianlawyermag.com/inhouse February 2014 9

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